Summary of Interventions by the Australian Human Rights Commission

Updated 11 December 2009

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YEAR

NO. OF CASES

NAME OF CASE

SUBJECT MATTER OF CASE

COURT
19881.  Re A Teenager (1988) 94 FLR 181Family Law – Sterilisation of a young woman with a disabilityFamily Court
 2.  Re JaneFamily Law – Sterilisation of person with disability – whether parents require courts consentFamily Court
19903.  Federated Workers Union of Aust & Ors 773/1990Family Law – Parental Leave Test caseAIRC
19914.  
Secretary, Department of Health and Community Services v JWB & SMB (In re Marion (No.1)) (1992) 175 CLR 218
Family Law – Sterilisation of a young woman with a disabilityHigh Court
19925.  Mount Isa Mines Ltd v Marks (1992) 35 FCR 96Employment Law – OH&S issuesFull Federal Court
6.  R v Cheung, Unreported, Badgery-Parker J, 26 November 1992Criminal Law – Right to a fair trialNSW Supreme Court
19947.  Re Michael: John Briton, Acting Public Advocate (Victoria) v GP and KP and the Human Rights and Equal Opportunity Commission
(1994) FLC 92-486
Family Law –
Consent to surgical treatment
Family Court
8.  ZP & PS (1994) 181 CLR 639Family Law –
Abduction of a child
High Court
9.  Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273Family Law – Deportation of the father of seven children High Court
10.  P & P: In the Matter of; Legal Aid Commission of New South Wales, Unreported, Moore J, 23 September 1994;
P & P: In the Matter of; Legal Aid Commission of New South Wales (1995) FLC 92-615
Family Law –
Sterilisation of a young woman with a disability
Family Court
Full Family Court
High Court
11.  In re Marion (No.2) (1994) FLC 92-448 Family Law – Sterilisation of a young woman with a disabilityFamily Court
199512.  C, L, J & Z v Minister for Immigration and Ethnic Affairs, Unreported, O’Loughlin J, 30 March 1995;
Long Guan Chun, Li Liu Ying & Long Guan Juan v Minister for Immigration, Local Government & Ethnic Affairs (1996) 136 ALR 303 
Refugee Law –
‘One child policy’ of the Peoples Republic of China
Federal Court
Full Federal Court
13.  Wu Yu Fang & Ors v Minister for Immigration & Ethnic Affairs, FedCt(NT) DG4/95
Wu Yu Fang v Minister for Immigration and Ethnic Affairs and Commonwealth of Australia (1996) 64 FCR 245
Refugee Law –
Access to lawyers by persons in detention
Federal Court
Full Federal Court
14.  Re: Katie (1996) FLC 92-659Family Law – Sterilisation of a young woman with a disabilityFamily Court
199615.  Albert Langer v Australian Electoral Commission (1996) 59 FCR 450Electoral Law –
Freedom of political speech
Full Federal Court
16.  Rodney Croome & Nicholas Toonen v The State of Tasmania (1997) 71 ALR 397 Constitutional Law – Alleged inconsistency between State and Federal legislationHigh Court
199717.  In the matter of: B v B: Family Law Reform Act 1995 (1997) No.TV 1833 of 1996Family Law – Relocation of mother and children away from father Full Family Court
18.  Qantas Airlines Limited v John Christie (1998) 193 CLR 280Employment Law –
Meaning of ‘inherent
requirements’
High Court
199819.  Kartinyeri v The Commonwealth of Australia (1998) 195 CLR 337Constitutional Law –
The race power in s 51(xxvi) of the Constitution
High Court
20.  Death of Andrew RossCoronial inquest – Death of indigenous youth in custodyNT Coroners Court
200021.  AMWU Casuals and Part-time Case
1572/2000
Employment Law – Pay equity for casual and part time EmployeesAIRC
200122.  Western Australia v Ward (2002) 213 CLR 1Native Title Law -Definition of native title rightsHigh Court
23.  Ming Dung Luu v Minister for Immigration and Multicultural Affairs (2001) 65 ALD 161;
Luu v Minister for Immigration Multicultural Affairs [2002] 127 FCR 24
Refugee Law – Criminal deportationFederal Court
Full Federal Court
24.  Victorian Council for Civil Liberties Incorporated & Vardalis v Minister for Immigration & Multicultural Affairs & Ors (2001) 110 FCR 452;
Minister for Immigration & Multicultural Affairs & Ors v Vardalis & VGCCL (2001) 110 FCR 491;
Vardalis v Minister for Immigration & Multicultural Affairs & Ors – M93/2001 (27 November 2001) (Special leave application to High Court of Australia)
Refugee Law –
Tampa litigation
Federal Court
Full Federal Court
High Court
200225.  (IVF Case) Re McBain: Ex parte Australian Catholic Bishops Conference [2002] HCA 16Constitutional Law –Standing and sex discrimination legislationHigh Court
26.  Rainsford v State of Victoria [2002] FMCA 266 Discrimination Law – Application of the Disability Discrimination Act 1992 (Cth) to the StatesFederal Magistrates Court
27.  Peter Martizi and Simon Odhiambo v Minister for Immigration and Multicultural Affairs (2002) 122 FCR 29 Refugee Law –
Guardianship of unaccompanied minors
Full Federal Court
High Court
28.  (Pay Equity Case) AMWU v Gunn & Taylor (2002) EOC 93-225Employment Law –Pay equity for casual employeesAustralian Industrial Relations Commission
29.  Members of the Yorta Yorta Aboriginal Community v State of Victoria & Ors (2002) 214 CLR 422Native Title Law –
Concept of ‘abandonment’ of native title
High Court
30.  NAAV v Minister for Immigration and Multicultural Affairs (2002) 123 FCR 298Refugee Law –
Privative clause amendments
Full Federal Court
31.  AM
(Written submissions provided to Tribunal, decision not publicly available)
Refugee Law –
‘sur place’ amendments to Migration Act 1958 (Cth)
Refugee Review Tribunal
32.  Song v Ainsworth Games Technology [2002] FMCA 31Discrimination Law – Family responsibilities and flexible work hoursFull Federal Court
33.  Graincorp Operations Ltd v Markham (2003) EOC 93-250 Employment Law – Sexual harassmentAustralian Industrial Relations Commission
34.  Minister for Immigration, Multicultural and Indigenous Affairs v VFAD (2002) 125 FCR 249Refugee Law – Power to detain under s 196 of the Migration Act 1958 (Cth)Full Federal Court
35.  Death of Nurjan and Fatimeh HusseiniDeath of “unlawful non-citizens” at seaWA Coroner’s Court
 
200336.  Attorney-General for the Commonwealth v Kevin and Jennifer [2003] FamCA 94Family Law – Right of people with a transsexual history to marryFull Family Court
37.  S134/ 2002 v Minister for Immigration and Multicultural Affairs (2003) 211 CLR 441Refugee Law –
Privative clause amendments
High Court
38.  Minister for Immigration & Multicultural & Indigenous Affairs v Al Masri (2003) 126 FCR 54Refugee Law – Power to detain under s 196 of the Migration Act 1958 (Cth)Full Federal Court
200439.  Al-Kateb v Godwin (2004) 219 CLR 562 Minister for Immigration and Multicultural and Indigenous Affairs v Al Khafaji (2004) 219 CLR 664
Behrooz v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs (2004) 219 CLR 486
Refugee Law – Power to detain under s 196 of the Migration Act 1958 (Cth)High Court
40.  Catholic Education Office v Clarke [2004] FCAFC 197Disability discrimination in EducationFull Federal Court
41.  Re Woolley; Ex parte Applicants M276/2003 by their next friend GS (2004) 225 CLR 1Constitutional validity of s.196 of the Migration Act 1958 (Cth) in so far as it authorises the detention of childrenHigh Court
42.  Re Alex: Hormonal Treatment For Gender Identity Dysphoria [2004] FamCA 297Family Law – Hormonal Treatment for Gender Identity DysphoriaFamily Court
43.  ACTU Work and Family Test Case [2005] AIRC PRO82005Family friendly award provisionAIRC
44.  Howe v QANTAS
(Affidavit filed matter discontinued)
Sex discrimination –pregnancy and flexible working hoursFederal Court
200545.  Australian Competition Consumer Commission v Radio Rentals [2005] FCA 1133
(The Commission’s involvement was to make submissions in relation to certain orders sought by the ACCC in the event that breaches of the TPA were established. Submissions were not prepared as the application was dismissed.)
Trade Practices Act 1974 (Cth)Federal Court
46.  Inquest into the Death of Mulrunji Aboriginal death in custody on Palm IslandQld Coroners Court
47.  The Queen v GJ [2005] NTCCA 20
(The Court refused HREOC’s application for leave to appear)
Group rights (art 27 ICCPR) v individual human rights and fundamental freedoms (freedom from violence from discrimination (CEDAW))NT Court of Criminal Appeal
48.  Petrol Sniffing Coronial Inquest
(Written submissions provided to the Coroner)
Systemic issues relating to petrol sniffingNT Coroners Court
200649.  Baird & Ors v State of Queensland
(2006) 156 FCR 451
Indigenous wage differentiation and interpretation of RDAFull Federal Court
50.  Coronial Inquest into the death of Scott SimpsonSystemic issues on the treatment of mentally ill people within the criminal justice systemGlebe Coroner’s Court
51.  Re BernadetteMedical treatment for children and young people – transsexualism.Family Court
52.  Hurst v Education Qld (2006) 151 FCR 562Disability Discrimination in educationFull Federal Court
200753.  Qantas Airways Limited v Gama
(2008) 167 FCR 537
Racial and disability discrimination in employment.Federal Court
 54.  Bropho v Western Australia (2008) 169 FCR 59Racial discrimination under the Reserves (Reserve 43131) Act 2003 (WA).Full Federal Court
200855.  R v Tang (2008) 237 CLR 1Interpretation of slavery provisions under the Commonwealth Criminal CodeHigh Court
 56.  Morton v The Queen
[2009] QDC 233
Racial discrimination and alcohol limitations on Palm IslandQueensland District Court
 57.  Coronial Inquest into the death of Mr WardAboriginal death in custody: arrest and transportation of prisoners in remote Western AustraliaWA Coroners Court
 58.  Coronial Inquest into the deaths of Mr Gurralpa and Robert Plasto-Lahner
[2009] NTMC 014
Deaths in custody, use of force by police in arrest, treatment of people with mental illnessNT Coroners Court
 59.  Aurukun Shire Council v Chief Executive, Office of Liquor gaming and Racing in the Department of Treasury [2008] QSC 305Racial discrimination and liquor licensing lawsQld Court of Appeal
200960.NT Coroners Court Inquest into the deaths of David Gurralpa and Robert Plasto-Lehner [2009] NTMC 014Aboriginal deaths in custodyNT Coroners Court
 61.Coronial Inquest into the death of Mr WardAboriginal death in custody: arrest and transportation of prisoners in remote Western AustraliaWA Coroners Court
 62.Application by the Australian Municipal, Administrative, Clerical and Services Union and Others for an Equal Remuneration order in the Social and Community Services Industry – Fair Work AustraliaPay Equity application for the whole sectorFair Work Australia
201063.AB and AH v State of Western Australia and Gender Reassignment Board of WAGender Reassignment – application of Gender Reassignment Act WAHigh Court
201164.Plaintiff M106/2011 by his Litigation Guardian v Minister for Immigration and Citizenship
(Also referred to as Plaintiff M70 /2011 v Minister for  Immigration  and Citizenship; Plaintiff M106 of 2011 v Minister for  Immigration  and Citizenship [2011] HCA 32 (31 August 2011))
Human rights – removing unaccompanied children to another country was unlawful.High Court
 65.Clarke v Nationwide News trading as The Sunday Times [2012] FCA 307 (27 March 2012)unlawful discrimination – racial discrimination – contravention of s 18C of the Racial Discrimination Act 1975 (Cth) –posting of comments on a websiteFederal Court
 66.Smeatonapplicant parents challenge whether hormonal treatment of a child for transsexualism requires authorisation by the Family Court, and alternatively seek declaratory relief authorising certain treatment for transsexualism to be administered to their childFamily Court
201267.Ellison & Karnchanit [2012] FamCA 602International surrogacy arrangements – application for parenting orders – Convention on the Rights of the ChildFamily Court
 68.Re: Jamie [2013] FamCAFC 110Special medical procedures – childhood gender identity disorder –is treatment of childhood gender identity disorder a medical procedure which requires court authorisation pursuant to the court’s welfare jurisdiction under s 67ZC?Full Court of the Family Court of Australia
 69.Plaintiff M47-2012 v Director General of Security [2012] HCA 46Human rights – adverse security assessment by ASIO of person found to be a refugee – whether regulation prescribing PIC 4002 as a criteria for a protection visa valid – natural justiceHigh Court
201370.Karim v R; Magaming v R; Bin Lahaiya v R; Bayu v R; Alomalu v R [2013] NSWCCA 23Human Rights – Constitutional law- criminal law - mandatory minimum sentences - two overlapping provisions for sentences - whether minimum mandatory sentences validNSW Court of Criminal Appeal
 71.Wilson v Joseph Michael Francis, Minister for Corrective Services For The State of Western Australia [2013] WASC 157 (3 May 2013)Administrative law – decision to declare a place a ‘detention centre’ – transfer juvenile offenders to prison – authority to transfer juvenile offenders in emergency circumstances – human rightsWestern Australia Supreme Court
 72. Magaming v The Queen [2013] HCA 40 (11 October 2013)Constitutional Law - separation of powers – Mandatory Minimum sentence for people smugglingHigh Court
 73.Maloney v The Queen [2013] HCA 28 (19 June 2013)interpretation of section 10 and section 8 of the Racial Discrimination Act 1975 (Cth). The Commission sought leave in a further attempt to have the law in relation to section 10 of the Racial Discrimination Act clarified. This followed previous interventions in Aurukun and MortonHigh Court
201474.Tajjour, Hawthorne, Forster v NSW 2014proceedings challenging validity of s 93X of Crimes Act 1900 (NSW)High Court
 75.Bateman v KavanDefinition of parent for Child Support Assessment ActFamily Court of Australia
 76.CPCF v Min DIPB & CommonwealthMaritime Powers ActHigh Court
 77.Farnell & Li v MinjaroenParenting orders for a child born through an international surrogacy matterFamily Court of Western Australia